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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29083
Experience:  Lawyer
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In the middle of my car being repoed,I was able to get in my

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In the middle of my car being repoed,I was able to get in my car,I was then attacked by 2 repo guys (express credit auto)
Like i said i got in my car,one guy opened driver door the other guy passenger door..they tried to litterally pull me out by putting me in chokehold twice,until i screamed I have screws in my neck,(I had a 2 level fusion done December 02,14'..other guy got in passenger side trying to push me out and grabbing my keys,told them I'm calling the cops, (couldn't see my phone and couldn't look for it (he was sitting on it),eventually I got them to let me agree to take one of them with me as the other followed with tow truck so I could take my stuff home,but was going right to police station ,as i got close i called 911 and the guy riding with me reaches over and takes the keys out of the car and getd out.cops show up and i tell them what happened and I want to press charges for being assaulted ,of course the 2 guys deny any of that.cops tell me no,do absolutely nothing Do I have a case? How do I go about filing on claremore police?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry to hear that this happened.

Police have discretion in deciding which crimes to pursue, when to arrest someone, and when to choose not to do so. Because of the separation of powers doctrine, a judge has no legal authority to tell police officers that they must bring someone to justice if they have chosen not to do so. In addition, police have immunity from being sued for damages related to the performance of their duties (except for very specific situations where there is a statute that says otherwise, but not arresting someone isn't a violation of anyone's civil rights). You do have the ability to go the police station and request to file a report if the first officers did not take one. And you have the ability to speak with a superior officer and explain what happened, so someone higher up is aware of your concerns with the officers' behavior. But there is unfortunately no cause of action against the police.

You have a civil case here, but it's against the people who assaulted you. Assault is both a civil wrong and a crime. When they arrived and found you in the car, the LEGAL thing to do was to call the police so an officer could remove you from the car and they could repossess it. They weren't allowed to go in after you. If they made your condition worse, you can sue for the costs of fixing that problem. If you have any pictures of bruises or other injuries, that would help. But the standard of proof for a civil case is lower, so you have the ability to file a lawsuit for damages even if police declined to proceed with a criminal case.

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